Estate Planning and Trust & Estate Litigation
At Albright, Stoddard, Warnick & Albright, we help our clients prepare an estate plan meeting their needs. Depending upon the amount of property owned and its value, Nevada and Federal law have several options to consider in making sure that when one is deceased, his or her assets divolve to the persons desired. Without proper planning, one’s estate could end up in protracted and expensive litigation, going to the wrong persons, or even be lost to the State of Nevada.
In addition, unnecessary costs can be incurred depleting the value of the estate and prolonging the time needed to transfer the estate. We help our clients select, and then prepare for them the proper Trust instruments, Wills, Powers of Attorney, Healthcare powers, and other estate planning documents to effect a highly satisfactory estate plan. Estate Litigation Practice Areas include estate and probate litigation, contested wills and trust litigation, trustee breach of duty litigation, estate beneficiary litigation, and elder law litigation.
Wills & Will Contests
Wills provide legal instructions on how you want your estate distributed among your beneficiaries. Sometimes there are disputes regarding the interpretation of the instructions. We provide legal services for either getting what is rightfully yours through inheritance or to ensure your rightful inheritance is not diminished by other parties.
Estate Litigation, Including Trusts & Trust Litigation
Trusts provide legal instructions on how assets are managed and distributed to your beneficiaries while under majority age and then until such time as you designate for distribution to them. Trusts can be tailored to achieve all of your estate planning goals as well as saving taxes. In the event you are a beneficiary of a trust, we can review your circumstances to make sure the trustee is properly administering the terms of the trust. Where someone draws a trust that is unclear or ambiguous, we can represent your interests to make sure the law is properly applied.
Probate is the process managed by the state probate courts to determine the legal validity of a will and then supervising the actions of enforcing the distribution of the estate pursuant to the will. This is done by the probate court. The probate process also assures the proper payment of all bills and expenses of the deceased person. In the course of probate, consideration must be given to the Federal Estate Taxes due, as well as any income tax liabilities. A key area in providing legal services is determining the various tax ramifications involved in settling your estate, to understand how the estate will be taxed and how much your heirs will actually retain.
Utilizing a comprehensive approach to plan your estate, we will help you establish the proper documents, beneficiary designation and asset allocation to minimize tax exposure to your estate and your beneficiaries.
Our attorneys also regularly practice in the area of guardianship administration.